Terms & Conditions
Online Vehicle Reservation
By submitting your details you are accepting these terms and conditions and/or placing a reservation on a vehicle as described below, you agree to the following terms and conditions which will constitute a contract between LSH Auto (Melbourne) Pty Ltd (we, us or our) and you:
- By submitting your details and paying a $500 deposit, you are requesting that we arrange the reservation of the vehicle you nominate (Vehicle) for a 48-hour period (excluding Sundays and public holidays, ie the reservation period will be extended for 24 hours for each Sunday or public holiday day falling in the reservation period) (Holding Period).
- If we accept your reservation request:
- the Vehicle will be held ‘not for sale’ during the Holding Period;
- the Vehicle will not be sold to any other party during the Holding Period; and
- the Holding Period commences from the time the deposit is placed into the online payment system.
- If we do not accept your reservation request, we will notify you and promptly refund your deposit in full.
- During the Holding Period it is your responsibility to:
- organise inspection or test drive of the Vehicle with our team members as you may require;
- if you elect to purchase the Vehicle, execute a Contract of Sale in the form provided by us, and if required by us provide a further deposit on the Vehicle, up to an amount of $3,000 in total; and
- submit a finance application should finance be required.
- If any delay on completion of the steps in clause 4 is caused by us, we will extend the Holding Period by the length of the delay only.
Should you not purchase the Vehicle for any reason:
- where you have notified us of your decision to not purchase the Vehicle during the Holding Period, the $500 deposit will be promptly refunded to you in full; however
- where you have failed to notify us of your decision to not purchase the Vehicle during the Holding Period, or if you do so after the Holding Period expires, the deposit will be forfeited in full and will not be refunded to you. For the avoidance of doubt, this clause 6.b. also applies (and the deposit will be forfeited) should you execute a Contract of Sale but fail to complete that purchase for any reason (including if your finance application is denied).
- You acknowledge and agree that this online reservation system does not constitute a contract of sale for any vehicle (including for the purposes of any legislation or regulation governing the sale of motor vehicles).
- We are not bound to hold or reserve the Vehicle beyond the Holding Period, and will be free to sell or deal with the Vehicle in our absolute discretion after expiry of the Holding Period if you have not contracted to purchase it at that time.
- If, for any reason, your reservation request is not accepted or the Vehicle is not available, we will not be liable (and we exclude all liability) to you in connection with the Vehicle, other than to refund your deposit in full or to apply the deposit to another vehicle of your choice.
- Amounts payable under these terms include applicable GST.
- If we are unable to perform our obligations under these terms due to circumstances beyond our reasonable control (Force Majeure), we may suspend our obligations under these terms, in whole or in part, for the duration of the Force Majeure event by notice to you.
- These terms will be governed by the law in force in the State in which the Vehicle is located and the parties submit to the exclusive jurisdiction of the courts of that State and any courts which have jurisdiction to hear appeals from any of those courts.
- If and to the extent that a provision of these terms would, but for this clause, be unenforceable, the provision must be read down and, if the provision cannot be read down, it must be severed without affecting the validity and enforceability of the remainder of these terms.
- You acknowledge and agree that our obligations under these terms may be performed by our related bodies corporate, and we may enforce these terms on behalf of those related bodies corporate.
- These terms constitute the entire agreement between us and you for the reservation of the Vehicle by you, and supersede any previous arrangements or any terms (including any verbal discussion, summary or explanation by any representative of ours).